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MATTER OF DeVITO v. ZONING BD. OF APPEALS OF CITY OF POUGHKEEPSIE

2008-09235

68 A.D.3d 861 (2009)

2009 NY Slip Op 9221

889 N.Y.S.2d 482

In the Matter of CARISSA DeVITO, Appellant, v. ZONING BOARD OF APPEALS OF CITY OF POUGHKEEPSIE, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 8, 2009.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner's contention, the respondent's determination was not arbitrary and capricious (see generally Matter of Sasso v Osgood, 86 N.Y.2d 374, 385 [1995]; Matter of Halperin v City of New Rochelle, 24 A.D.3d 768, 772 [2005]). There was ample evidence in the record to support the respondent's conclusion that the...

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